All required improvements completed by the subdivider/developer
shall be constructed and/or installed in accordance with the design
specifications and construction standards of this chapter and other
applicable requirements of Middle Smithfield Township.
A.
Where there are no applicable Township specifications or construction
standards, improvements shall be designed, constructed and/or installed
in accordance with specifications and construction standards furnished
by the Township Engineer and/or the Township staff. Published PennDOT,
DEP or utility provider standards regarding the same matter may be
used in such case, as applicable, where a specific Township standard
does not exist.
(1)
If there are no applicable Township or other agency specifications
or construction standards, the Township may authorize that such specifications
and construction standards be prepared by the Township Engineer or
by any other qualified consultant it may desire to engage.
(2)
The cost of preparing such special specifications and construction
standards shall be borne by the subdivider/developer and shall be
paid prior to final plan approval.
B.
Specifications and/or construction standards submitted by the subdivider/developer
shall be evaluated by the Township.
A.
The Township staff or Township Engineer shall have free and unhampered
access to enter onto outdoor area of the subdivision or land development
property at any time during normal working hours in order to inspect
the construction and/or installation of required improvements. Inadequacies
or lack of compliance shall be reported in writing to the subdivider/developer
or the applicant(s) representative.
B.
Inadequate construction or installation. If the construction and/or
installation of any required improvement is, in the opinion of the
Township or Township Engineer, inadequate or not in conformance with
any and all applicable specifications and construction standards,
the Township may refuse, in writing, to approve the improvements and
shall not endorse and release the final plan or release any security
guaranties until the subdivider/developer complies with the applicable
specifications and/or construction standards.
(1)
When the Township finds the construction and/or installation of the
required improvements inadequate or not in conformance with the approved
plans, the subdivider/developer shall be notified by certified mail
with a return receipt.
(2)
When the subdivider/developer has rectified the reported inadequacy
or nonconformity, he/she shall so notify the Township and request
an inspection of the required improvement or improvements.
A.
The accompanying schedule in Table 4-1[1] summarizes the required improvements for various types
of subdivisions/land developments.
[1]
Editor's Note: Said table is included as an attachment to this chapter.
B.
Additional improvements. Additional or higher types of improvements
may be required in specific cases where, in the opinion of the Township,
they are necessary to create conditions essential to the health, safety
and general welfare of the citizens of Middle Smithfield Township
and/or to protect the natural environment of the Township.
Monuments and lot markers shall be placed so that the center
or marked point shall coincide exactly with the intersection of the
lines being monumented or marked and shall conform with the following:
A.
Monuments. Monuments shall consist of one of the following:
(1)
A two-inch (inside diameter) galvanized pipe filled with concrete
at least 36 inches in length (preferred 42 inches to 48 inches);
(2)
A concrete monument at least four inches in diameter or square and
at least 36 inches in length (preferred 42 inches to 48 inches); or
(3)
Such other monuments as the Township Engineer may preapprove.
B.
Monument placement. All monuments shall be placed under the direction
of a registered professional land surveyor who shall take full responsibility
for their accuracy and placement.
C.
Monument location.
D.
Lot markers. Lot markers shall consist of one of the following:
E.
Lot marker placement. All lot markers shall be placed under the direction
of a registered professional land surveyor who will take full responsibility
for their accuracy.
F.
Lot marker location. Lot markers shall be placed as follows:
Streets shall be cleared, graded and improved to the grades
and dimensions shown on approved plans, profiles and cross sections
and the following construction standards. Middle Smithfield Township
shall not be required or obligated to accept any streets for public
dedication.
A.
Clearing and grubbing. The right-of-way and slope easements of all
streets shall be cleared and grubbed to the extent necessary to install
the street, required slopes and drainage.
B.
Cuts and fills. All cuts and fills shall be constructed as follows:
(1)
Earth slopes.
(a)
The maximum slope of any earth excavation or embankment shall
not exceed one foot vertical to two feet horizontal.
(b)
The slope may be modified upon approval by the Planning Commission
of a written modification request setting forth adequate slope protection
requirements. (Use modification form in Appendix D-8.)[1]
[1]
Editor's Note: Appendix D-8 is included as an attachment to this chapter.
(2)
Rock slopes. The maximum slope of any solid rock excavation shall
not exceed two feet vertical to one foot horizontal.
(3)
Slope construction. All excavations and embankments shall have a
continuous slope to the point of intersection with the natural grade
with a rounding of the top of the slope of excavations to help prevent
erosion.
(4)
Embankment compaction. All embankments shall be satisfactorily compacted
to a firm and unyielding surface.
C.
Drainage. Drainage systems shall be properly located, designed and
installed to maintain proper drainage of all completed streets.
(2)
Minimum size pipe. The minimum diameter of any cross drainage or
culvert pipe shall be 18 inches, and the minimum diameter of parallel
drainage pipes (driveway, storm sewer, etc.) shall be 15 inches.
(3)
Subgrade drainage. Consideration shall be given to subgrade drainage
of those soils subject to frost heave.
D.
Subgrade.
(1)
The design and construction of the roadbed shall take cognizance
of the supporting capacities of the subgrade, with particular attention
to those soils which are subject to frost heave.
(2)
Unsuitable soils. Unsuitable soils shall be removed and replaced,
drained (underdrains, subgrade drains, etc.) or otherwise stabilized
to provide adequate support for the roadbed and anticipated loads.
E.
Base course. Base course material shall conform in type and be compacted
to the depths shown in Table 4-2.[3]
[3]
Editor's Note: Said table is included as an attachment to this chapter.
F.
Surface course. The bituminous surface course shall conform in type
and be compacted to the depths shown in Table 4-2 and in accordance
with the latest specifications of the PennDOT (Form 408).
G.
Shoulders. Shoulders shall be constructed of the material and compacted
to the depth shown in Table 4-2.
H.
Alternative designs. Alternative roadbed designs submitted may be
proposed through the modification process. The alternative design
must provide load capabilities equivalent to or higher than the capabilities
of the designs required by these regulations.
I.
Commercial/industrial subdivisions. All streets serving a commercial
or industrial subdivision shall be designed on the basis of the requirements
for a collector street.
J.
Cross sections. Design of street cross sections shall be as follows:
(1)
Widths. Travel way and shoulder widths shall conform to the requirements
set forth in Table 3-1.[4]
[4]
Editor's Note: Said table is included as an attachment to this chapter.
(2)
Shoulder slope. Shoulder surfaces shall be graded at a slope of 3/4
inch per foot away from the travel way.
(3)
Pavement crown. The finished paved travel-way surface of tangent
sections and curve sections not required to be superelevated shall
be crowned at 1/4 inch per foot away from the center line.
(4)
Superelevation. A properly superelevated travel way shall be required
on connector and collector streets when the center-line curve radii
is less than 1,500 feet.
(5)
Typical design. See Table 3-2[5] for typical street design.
[5]
Editor's Note: Said table is included as an attachment to this chapter.
K.
Bridges and stream crossings. Bridges and other stream crossing structures
which are part of the proposed street system shall be designed and
constructed in accordance with all current PennDOT specifications
and shall be subject to any permitting requirements of the DEP.
L.
Concrete curbs. Minimum concrete curb construction standards shall
be as specified by PennDOT Publication No. 72 (Standards for Roadway
Construction RC-64), or its successor publication.
M.
Driveway entrances. All driveway entrances, where provided by the
subdivider/developer, shall make adequate provisions for parallel
drainage facilities and shall maintain the required shoulder width
and slope of the accessed street.
N.
Private access streets and private driveways. Construction of private access streets and private driveways shall be the responsibility of the buyer or buyers of the lot or lots served by such streets and/or driveways except as specified in Article IV. At least one proposed driveway location shall be shown for each lot or lots on the plan in order to establish that the proposed driveway location meets required standards for sight distance.
O.
Sidewalks. Sidewalks shall be provided adjacent to and along all
streets (existing and proposed) within a site, and along all perimeter
roads within the frontage of the site in the C-1 and C-2 Zoning Districts.
Sidewalks shall be provided along all streets (existing and proposed)
where the Board of Supervisors determines they are needed in the CON,
RR, R-1, R-2, R-3 and I Zoning Districts. Sidewalks, bicycle paths,
crosswalks, and pedestrian access shall align with the proposed and/or
existing location of sidewalks, bicycle paths, crosswalks, and pedestrian
access on adjacent parcels. Sidewalks shall be located within the
street right-of-way unless the Board of Supervisors approves an alternative
location generally parallel to the street within a pedestrian easement.
[Amended 7-14-2022 by Ord. No. 235]
(1)
Width. All sidewalks shall have a minimum width of five feet, unless
a greater width is required by PennDOT along state highways and/or
by the Americans with Disabilities Act.
(2)
Construction. Concrete sidewalk shall have a minimum thickness of
four inches and be placed on a four-inch-thick bed of PennDOT 2B stone
base, mechanically compacted. Concrete driveways, driveway aprons,
and sidewalks that will provide access for vehicles shall have a minimum
depth of six inches (reinforced with welded wire fabric) and be placed
on a six-inch bed of PennDOT 2B stone base, mechanically compacted.
As a modification, the Board of Supervisors may consider and allow
the following standard in place of concrete sidewalks, but such modification
shall be within the sole discretion of the Board of Supervisors: Superpave
Asphalt Mixture Design, WMA, PG 64-22, 9.5 mm Wearing Course at least
two inches in depth underlain with six inches of compacted gravel.
(3)
Sidewalks
and public paths required along streets shall be located within the
street right-of-way. Where additional public sidewalks or paths are
constructed outside the right-of-way, the sidewalk shall be located
within a pedestrian access easement area of sufficient width to encompass
the entire area of the sidewalk/public path, and shall be offered
for dedication to the Township.
(4)
Grades
and paving of sidewalks and pedestrian paths shall be continuous across
driveways.
(5)
Sidewalks
and pedestrian paths shall be laterally pitched at a slope not less
than 1/4 inch per foot to provide for adequate surface drainage of
stormwater runoff.
(6)
Sidewalks
and pedestrian paths shall not exceed a 5% grade; however, if the
sidewalk or pedestrian path is located within the public right-of-way,
the longitudinal slope may match the adjacent roadway profile slope.
Where sidewalk grade exceeds 5%, a nonslip surface texture shall be
utilized.
(7)
Pedestrian
paths shall be constructed of a hard surface composition but, in any
case, must conform to the latest Americans with Disability Act standards.
(8)
Sidewalks
adjacent to angled parking areas shall be set back a minimum of five
feet to prevent car overhang from restricting pedestrian movement
along the sidewalk, unless concrete wheel stops are utilized to prevent
car overhang.
(9)
Crosswalk
markings shall be installed (where sidewalk exists or is proposed)
at all intersections of proposed public streets with an arterial,
major/minor and collector street, and at other intersections of local
streets where determined necessary by the Township. Crosswalk markings
shall be delineated utilizing thermoplastic material.
(10)
Patterned/stamped crosswalks shall be installed on major pedestrian
routes and internally on new streets where determined necessary by
the Township due to anticipated pedestrian traffic volumes and for
traffic calming. Patterned/stamped asphalt crosswalks shall conform
to PennDot MS-0530-0024 and applicable Township standards, and pattern
and color shall be subject to approval by the Township.
Q.
Traffic signals and signs.
R.
For all major subdivisions, a school bus/parent parking area shall
be provided adjacent to the entrance to the development, at a Township-approved
convenient and appropriate location, which area shall be sized sufficiently
to provide or allow for a school bus to pull off the travel way, together
with parking areas sufficient for the number of lots in the development.
The School District Transportation staff shall be consulted by the
applicant.
The following minimum landscaping shall be required whenever
an application involves a subdivision or a land development:
A.
A minimum average of one deciduous shade street tree shall be required
for every 50 feet of length along a street right-of-way. The trees
are not required to be uniformly spaced. The location of the trees
shall be subject to approval by the Township. If the Township or PennDOT
does not allow placement of trees within a right-of-way, then the
trees shall be planted with the trunks immediately outside of the
right-of-way.
B.
A minimum of one deciduous shade tree shall be required for every
10 new parking spaces. These trees shall be within and around the
parking area. In addition, one deciduous tree shall be required per
dwelling unit, which shall be placed within the front yard, except
that such tree is not required if the front yard will remain wooded.
A minimum of 20% of each commercial or industrial lot shall be landscaped
in trees and shrubs, or be maintained in existing trees and shrubs.
C.
If existing healthy trees will be preserved and protected, and those
trees will serve essentially the same purpose as required trees, then
the Board of Supervisors shall allow the requirement for new trees
to be met by the existing trees.
D.
New deciduous shade trees shall have a minimum trunk width when planted
of two inches, measured 3.5 feet above the ground level.
E.
Every site plan and every subdivision and land development plan shall
show where existing woodlands exist, areas of trees proposed to be
preserved or removed, and what methods will be used to protect the
trees and their root systems during construction. Mapping of individual
trees is not required, except that the approximate locations of existing
trees with trunk diameter of over 18 inches measured 3.5 feet above
the ground level may be required by the Township to be mapped by the
applicant in areas where trees are proposed to be removed.
(1)
Unless an alternative is approved by the Township, temporary wood
fencing shall be required around the outline on the ground of the
canopy of trees that are to be preserved as necessary to keep vehicles
and equipment from damaging the trunks or compacting the root systems.
F.
If a required tree or shrub dies, is removed or is severely damaged,
the current owner of the property shall be required to replace it
with a tree or shrub meeting this section within a maximum of 150
days, unless otherwise another entity is given responsibility for
replacement in a maintenance agreement with the Township.
G.
Any part of a commercial, industrial, institutional or apartment
lot which is not wooded and is not used for structures, loading areas,
parking spaces and aisles, sidewalks and designated storage areas
shall be provided with an all-season, well-maintained vegetative groundcover
and shall be landscaped with trees and shrubs. Landscaped areas shall
be kept free of debris, rubbish and noxious weeds.
H.
Species. Trees required by this section shall meet the following
standards:
(1)
Type of trees permitted.
(a)
Required trees in areas near streets and parking areas shall
be chosen from the following list of approved trees, unless the applicant
proves to the satisfaction of the Township that another type of tree
would shade paved areas, be resistant to disease, road salt and air
pollution and be attractive. Applicants are encouraged to plant species
of landscaping that are native to Pennsylvania. See the publication
by the State Department of Natural Resources entitled "Recommended
Native Plants for Landscaping in Pennsylvania." For example, birches,
sycamores and hemlocks can be suitable in locations that are not near
streets and parking areas.
(b)
Types of deciduous trees permitted to meet requirements of this
section. (Note: This section only regulates the species of trees that
are used to meet requirements of the Township. The species of trees
that are not required by Township ordinances are not regulated.)
[1]
Acer rubrum — red maple.
[2]
Acer saccharum — sugar maple.
[3]
Celtis occidentalis — common hackberry.
[4]
Fagus sylvatica — European beech.
[5]
Fraxinus americana — white ash.
[6]
Fraxinus pennsylvania — green ash.
[7]
Ginko biloba fastigiata — maiden hair tree (male only;
female has noxious odor).
[8]
Gleditsia triacanthos — thornless locust.
[9]
Liquidambar styraciflua — sweet gum.
[10]
Liriodendron tulipifera — tulip poplar.
[11]
Quercus — all species of oaks.
[12]
Sophora japonica — scholar tree/pagoda tree.
[13]
Tilia americana — American linden.
[14]
Tilia cordata — little leaf linden.
[15]
Tilia euchlora — Crimean linden.
[16]
Tilia petiolaris — silver linden.
[17]
Ulmus hybrids — homestead or Sapporo autumn
gold.
[18]
Ulmus parviflora — Chinese or lacebark elm,
not including Siberian elm.
[19]
Zelkova serrata — Zelkova.
(2)
Quality of trees. Required trees shall be of symmetrical growth and
free of insect pests and disease.
(3)
Minimum size. The trunk diameter (measured at a height of six inches
above the finished grade level) shall be a minimum of two inches or
greater.
I.
Change of use. If there is a change in the type of principal use on a lot, then the entire lot shall be brought into compliance with this § 170-79, including provision of landscaping and any applicable buffer. If there is an expansion of a use, then the expanded area shall be brought into compliance with this § 170-79.
Exposed ground surface in all parts of the subdivision/land
development shall be paved or covered with stone screenings or other
solid material or protected with a nonpoisonous vegetative growth
that is capable of preventing soil erosion and the emanation of dust
during dry weather.
When sanitary sewage collection and water distribution facilities
are to be installed by the subdivider/developer in a subdivision/land
development, the following shall apply:
A.
Sanitary sewage collection system installation inspection. Where
a subdivider/developer provides the subdivision/land development with
a complete sanitary sewage collection system, the installation of
the system shall be subject to inspection by the Township and by the
utility provider at its discretion.
B.
Water distribution system installation inspection. Where the subdivider/developer
provides the subdivision/land development with a complete water distribution
system, the installation of the system shall be subject to inspection
by the Township and the utility provider at its discretion.
Stormwater management shall comply with the Township Stormwater
Management Ordinance.[1]
Prior to the endorsement and release for recording of an approved
final major subdivision plan or land development plan, the subdivider/developer
may complete the required improvements as set forth on the final major
subdivision plan or land development plan.
A.
Completion of required improvements.
(1)
The subdivider/developer may complete the required improvements in
accordance with the approved plan, all standards of this chapter and
all other applicable requirements of the Township.
(2)
Completion of required improvements in future sections. Where submission
of a final major subdivision or land development plan by sections
or stages has been approved, the Township may require completion of
improvements in any future section or sections that it may deem necessary
for protection of any finally approved major subdivision or land development
plan.
B.
Request for inspection. Where the subdivider/developer has completed
all of the required improvements, he/she shall so notify the Board
of Supervisors, in writing, by certified mail, and shall send a copy
thereof to the Township Engineer.
(1)
Inspection authorization. The Board of Supervisors shall, within
10 days of receipt of notice from the subdivider/developer that all
of the required improvements have been completed, direct and authorize
the Township Engineer or his/her designee to inspect the completed
improvements. The utilities shall also be subject to inspections by
the applicable utility provider.
(a)
The Township Engineer, after inspecting the completed improvements,
shall, within 30 days of receipt of the inspection authorization,
submit a report, in writing, to the Board of Supervisors with a copy
by certified mail to the subdivider/developer.
(b)
The report shall indicate the status of the improvements and
if any, either in whole or in part, are found not completed in accordance
with the approved plan and all applicable requirements, the report
shall contain, by reference to the section or sections of the approved
plan or other applicable requirements, a statement of inadequacy or
nonconformance.
(2)
Final plan release: Within 15 days after the receipt of the report
of the Township Engineer confirming that all required improvements
are indeed complete and in accordance with the approved plan and all
applicable requirements, endorse, seal and release the final major
subdivision plan or land development plan.
(a)
If the report of the Township Engineer finds all or part of
the required improvements incomplete or not in accordance with the
approved plan and all applicable requirements, the Supervisors shall
so notify the subdivider/developer, in writing, by certified mail,
of the incompleteness or nonconformance.
(b)
When the report of the Township Engineer is negative and the
subdivider/developer is so notified, all action time limitation requirements
shall be considered satisfied.
(3)
Completion, reconstructing or guaranteeing inadequate improvements. The subdivider/developer shall have the option of either completing and/or reconstructing the subject improvements and notifying the Board of Supervisors as in Subsection B(2) above which shall restart the action periods or he/she may guaranty the uncompleted or inadequate required improvements as per § 170-84.
(4)
Improvements deemed accepted. Should the Board of Supervisors fail
to act within the required time limitations, the required improvements
so submitted as complete shall be deemed accepted and the final major
subdivision plan or land development plan shall be endorsed, sealed
and released.
In lieu of completing the required improvements, the subdivider/developer
may post a performance guaranty to assure the Township of the completion
of all required improvements in accordance with the approved plan,
all standards of this chapter and other applicable requirements of
the Township.
A.
Performance guaranty.
(1)
The performance guaranty acceptable to the Township, supported by
financial security in one of the following forms, shall be provided
by the subdivider/developer:
(a)
Cash/certified check. Cash or a certified check payable to Middle
Smithfield Township.
(b)
Escrow account. A restrictive or escrow account in a federal
or Commonwealth of Pennsylvania chartered lending institution (accounts
shall be under and subject to all applicable laws of Pennsylvania).
(c)
Surety bond. An unconditional guaranty by a corporate surety
company authorized and qualified for issuance of surety bonds in Pennsylvania.
(d)
Letter of credit. An irrevocable unconditional letter of credit
from a federal or Commonwealth of Pennsylvania chartered lending institution.
(2)
Any proposed corporate surety company or lending institution must
have its principal offices located within Pennsylvania and must have
its credit approved by the Board of Supervisors.
B.
Township notification prior to the expiration of a performance guaranty.
All performance guaranties submitted for approval that have an expiration
date shall include a requirement that the suretor shall notify the
Township, in writing, of any change in surety and must also notify
the Township, in writing, of the expiration of the surety 60 days
prior to the expiration date.
The amount of financial security provided by a performance guaranty
shall be equal to 110% of the total cost of the required improvements
for which the financial security is being posted.
A.
Cost estimate.
(1)
The cost of the required improvements shall be established by the
submission by the subdivider/developer of an estimate prepared by
a professional engineer (or other person acceptable to the Township),
using the required improvements cost estimate form in this chapter.
(2)
Cost estimate prepared by the Township. In lieu of accepting a prepared
cost estimate, the Township may establish the cost of the required
improvements by an estimate prepared by the Township Engineer.
B.
Performance guaranties. Performance guaranties shall be submitted
in a form and with a surety approved by the Board of Supervisors assuring
the satisfactory completion of all required improvements within a
stated time which shall not exceed one year from the date of the endorsement
and release of the final major subdivision/land development plan.
(1)
Time extension. Upon written application from the subdivider/developer,
the Board of Supervisors may, at its discretion, extend the time limit
for one additional year or less with or without additional financial
surety being submitted.
(2)
Additional time extension. If the subdivider or developer requires
more than one additional year from the original expiration date of
the posted performance guaranty to complete the construction and/or
installation of all required improvements, the amount of financial
security may be fixed by one of the following methods:
(a)
The amount of financial security shall be increased by an additional
10% for each one-year period beyond the expiration date of the current
posted financial security.
The subdivider/developer may request, in writing, by certified
mail, using the form in this article, of the Board of Supervisors
the release of such portions of the financial security pertaining
to any completed required improvements. The request shall be specific
in regard to type, amount and actual location of the improvements
completed; additional explanation and/or information shall be submitted
when requested by the Township.
A.
Inspection authorization. The Board of Supervisors shall, within
10 days of receipt from the subdivider/developer the request for partial
release, direct and authorize the Township Engineer to inspect the
completed improvements.
(1)
Inspection report. The Township Engineer shall, within 30 days of
the above notice to inspect the completed improvements, endorse the
above form or submit a report, in writing, to the Board of Supervisors
with a copy of the same to the subdivider/developer by certified mail.
(2)
The report shall indicate the status of the aforesaid improvements,
either in whole or in part, and if the improvements or any portion
thereof shall be found not to be constructed or installed in accordance
with the approved plan, the report shall contain, by reference to
the section or sections of this chapter or by reference to the portion
of the approved plan, a statement of reasons of nonconformance.
B.
Notification of action. The Board of Supervisors shall notify the
subdivider/developer within 15 days from receipt of the Township Engineer's
report, in writing, by certified mail, of the action of the Board
with relation thereto. At this point, all action time limitation requirements
shall be considered satisfied.
C.
Completion or rectifying improvements. The subdivider/developer shall
complete, reconstruct or reinstall the uncompleted or noncomplying
improvements and notify the Board of Supervisors, in writing, which
shall restart the action periods.
D.
Deemed acceptance of improvements. Should the Board of Supervisors
fail to act within the required action periods, the submitted completed
improvements shall be deemed accepted, and all financial security
and performance guaranties applicable to the improvements shall be
released.
When the subdivider/developer has completed all of the required
improvements, he shall notify, in writing, by certified mail, including
the form in this article, the Board of Supervisors of such completion
and request a full and final release of all financial securities.
A.
Inspection authorization. The Board of Supervisors shall, within
10 days of receipt of such notification from the subdivider/developer,
direct and authorize the Township Engineer or his/her designee to
inspect the completed improvements.
(1)
Inspection report. The Township Engineer shall, within 30 days of
the above notice to inspect the completed improvements, submit a report,
in writing, to the Board of Supervisors with a copy to the subdivider/developer
by certified mail.
(2)
The report shall indicate the status of the aforesaid inspected improvements,
either in whole or in part, and, if the improvements or any portion
thereof shall be found inadequate or not constructed or installed
in accordance with the approved plan, the report shall contain, by
reference to the section or sections of this chapter or by reference
to the portion of the approved plan, a statement of reasons of inadequacy
or nonconformance.
B.
Notification of action. The Board of Supervisors shall notify the
subdivider/developer within 15 days from receipt of the Township Engineer's
report, in writing, by certified mail, of the action of the Board
with relation thereto. At this point, all action time limitation requirements
shall be considered satisfied.
C.
Completion or rectifying improvements. The subdivider/developer may
complete, reconstruct or reinstall the uncompleted or noncomplying
improvements and notify the Board of Supervisors, in writing, which
shall restart the action periods.
D.
Deemed acceptance of improvements. Should the Board of Supervisors
fail to act within the required action periods, the completed improvements
shall be deemed accepted and all financial security and performance
guaranties shall be released.
A.
When the Board of Supervisors accepts dedication of any or all of
the improvements of the final subdivision plan or land development
plan after completion, there shall be a probationary period of 18
months, or as designated in other regulations of the Township, from
the date of acceptance and dedication, during which the subdivider/developer
shall remain responsible for any and all repair, reconstruction and/or
reinstallation of the dedicated improvements, except normal routine
maintenance and snow removal.
B.
Guaranty of the structural integrity of dedicated improvements. When
the Board of Supervisors accepts dedication of any or all of the improvements
of the final major subdivision plan or land development plan after
completion, it shall require the posting of an improvements guaranty
to secure the structural integrity of the improvements in accordance
with the design specifications and as depicted on the final plan for
a term of 18 months, or as designated in other regulations of the
Township, from the date of acceptance and dedication.
(1)
Guaranty acceptability. Such improvements guaranty shall be in a
form and with a surety acceptable to the Board of Supervisors.
(2)
Amount of guaranty. The amount of the financial security submitted
with the improvements guaranty shall be 15% of the total cost of the
actual dedicated improvements or as designated in other regulations
of the Township.
If the dedicated improvements fail or are found to be structurally
unsound during the guaranty period, the Supervisors shall notify the
subdivider/developer of the failure and/or unsoundness, in writing.
A.
Unrepaired improvements. If the subdivider/developer fails or is
unable to repair and/or remedy the subject dedicated improvements
within 30 days of the notification, the Board of Supervisors may enforce
the improvements structural integrity guaranty by appropriate and
equitable action.
(1)
Insufficient guaranties. If the proceeds of such bond or other security
are insufficient to pay the cost of making repairs to all improvements
covered by the security, the Board of Supervisors may, at its option,
repair such unsound improvements and may institute appropriate action
to obtain the balance of moneys necessary to complete the remaining
repairs.
(2)
Excess guaranties. In case the amount of the performance guaranty
exceeds the actual cost of the repairs made, the Township shall return
the unused sum to the suretor or person who has paid or deposited
the performance guaranty financial security.
(3)
Use of guaranties. All of the proceeds, whether resulting from the
security or from any legal of equitable action brought against the
subdivider/developer, or both, shall be used solely for the repair
or reinstallation of the required improvements covered by such security
and not for any other municipal purpose.
B.
Repaired improvements. If the subdivider/developer completes the
necessary repairs or does remedy the subject improvements and notifies
the Board of Supervisors, the Board shall inspect the repairs or remedies
and notify the subdivider/developer of the results of the inspection.
All subdividers/developers proposing any subdivision or development
of land requiring the installation of improvements stipulated by this
chapter shall be required to enter into a legally binding agreement
with the Township in a form guaranteeing the construction and/or installation
of the improvements in accordance with the approved final major subdivision
plan/land development plan, prior to the plan endorsement by the Board
of Supervisors.
A.
Agreement contents. The required improvements agreement shall address
the following items:
(1)
Improvements construction. The construction and/or installation of
all required improvements authorized by the approved plans (streets,
stormwater management, etc.) in itemized format.
(2)
Boundary monuments and lot markers. Installation of boundary monuments
and lot markers.
(3)
Utilities. Construction and/or installation of public and private
utility facilities.
(4)
Erosion and sediment pollution control. Prevention of erosion, sediment
pollution and water damage to subject, adjacent and downstream properties.
(5)
Responsibility. Subdivider/developer accepting full responsibility
for all damages to the subject property and all other property resulting
from the proposed subdivision/land development.
(6)
Liability clause. A save harmless clause to protect the Township
from any and all liability arising due to the subdivision/land development.
(7)
Insurance. The subdivider/developer shall secure and maintain adequate
public liability insurance for the duration of the improvements construction
and/or installation.
(8)
Excess costs. The subdivider/developer shall be responsible for all
reasonable engineering and legal costs and expenses for inspection,
consultations and preparation of agreements, to the extent that such
costs and expenses exceed the moneys paid by the subdivider/developer
in accordance with the standard fee schedule.
(9)
Estimated costs. The estimated cost of improvements not completed,
with a detailed breakdown, including the amount of financial security
required.
(10)
Security guaranty. Security in the form of a performance bond,
escrow deposit, letter of credit, cash or certified check or any guaranty
approved by the Township to ensure the construction and/or installation
of the required improvements depicted on the approved subdivision/land
development plan.
(11)
(Reserved)
(12)
(Reserved)
(13)
Structural integrity. The subdivider/developer shall agree to
be responsible for the structural integrity of all dedicated improvements
for the probationary period (18 months), except normal routine maintenance
and snow removal (when applicable).
(14)
Maintenance guaranty. Security in the form of maintenance bond
or escrow deposit or any guaranty acceptable to the Township for the
repair or reconstruction of all dedicated improvements (when applicable).
(15)
As-built drawings. The subdivider/developer shall agree to furnish
to the Township three complete sets of paper prints and one set of
reproducible Mylar print as-built drawings of all dedicated improvements,
including, but not limited to, street plans and profiles, stormwater
management plans, sewage systems and water systems (when applicable).
Said as-built drawings shall be certified to by a registered professional
engineer and/or a registered professional land surveyor.
(16)
Release of liens. The subdivider/developer shall agree to furnish
the Township with a release of liens covering all labor and materials.
(17)
Changes to or deviation from plan. The subdivider/developer
shall agree to submit any changes to or deviation from the approved
plans to the Township for approval prior to implementing the changes
or deviations.
(18)
Failure to perform or observe agreement. The subdivider/developer
shall agree that the Township may declare the agreement to have been
violated if the subdivider/developer fails to perform or observe the
article in this agreement.
(19)
Assigning or transferring of agreement. The subdivider/developer
shall agree not to assign or transfer any of the rights created by
the agreement without prior written consent of the Township.
(20)
Violations. Provisions for correcting violations of the subdivision/development
required improvements agreement and compelling the subdivider/developer
to complete all improvements in compliance with the approved plan.
(21)
Inspection access. Subdivider/developer to grant free and unhampered
access to the Township representatives at all times during normal
working hours for the purpose of inspecting the construction and/or
installation of improvements.
(22)
Adequacy of improvements. The subdivider/developer shall agree
that nothing in the agreement shall be construed as approval by the
Township of the adequacy of the subject improvements.
(23)
Severability. Provisions for severability of any article or
section.
(24)
Binding by agreement. The subdivider/developer shall agree that
the subject agreement shall be binding on his heirs and assigns.
B.
See the model format for an Improvements Agreement in Attachment
10.
